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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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i m eu citizen and live in the uk for the last 10 years, my

Resolved Question:

i m eu citizen and live in the uk for the last 10 years, my 3 year old daughter was born here.
when we lost the second child 2 years ago, i started working more and my ex partner started smoking cannabis. he even started dealing. can i restrict him from taking our daughter to his place (i dont know the environment) since he s still taking drugs.
he has recently not given me permission to go to portugal with my daughter to see my family. I dont even know which laws apply for me?? the ones in portugal or in the uk?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you been separated and is he named on her birth certificate?
Clare
Customer: replied 3 years ago.

yes he is on his birth certificate, we are separated for a year though we have tried mean time a few times but all ended up in the drug argument

our relationship was never brilliant, though we have been friends since teenage years, but not as a couple

Expert:  Clare replied 3 years ago.
Hi
What contact does he have with the child at the moment?
Clare
Customer: replied 3 years ago.

because i work he picks her up from nursery at half six twice a week and stays in my house until i get home at half past nine. he also sees her sundays when i am working, though i aint happy with him taking her where he lives i work shifts and have no alternative. i also dont like depriving him from seeing his daughter, but the relationship has gone worse the last few weeks.

i have also had to send my phone to repairs two weeks ago and had to use the one he had (was in my house). i was shocked to discover his messages there and that he took our daughter to pick up drugs and that he was dealing.

Expert:  Clare replied 3 years ago.
Hi
Could you manage child care without his help?
Clare
Customer: replied 3 years ago.

Yes. I would have to hire someone for those few hours.

Expert:  Clare replied 3 years ago.
Hi
Since the Child lives in the Uk it is Uk law which applies
As a starting point you need to try and discuss matters - including a trip to Portugal - with your ex using Family mediation (www.familymediationhelpline.co.uk)
You need to explain that given his drug involvement all future contact will have to be at a Contact centre (www.naccc.org.uk) to ensure that your child is safe.
If mediation fails then you will need to apply to the Court for a Child Arrangement Order stating that the child lives with you - and setting out the contact that she has with her father.
Getting such an Order will also allow you to go away on holiday to Portugal.
You can read more on these sites
http://theparentconnection.org.uk/
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you